Friday, 28 June 2024

"Landmark Judgment: Malawi's Constitutional Challenge on Same-Sex Relationships"


 

This morning, the High Court's Constitutional Court in Blantyre delivered a landmark judgment in a case challenging Malawi’s laws that criminalize same-sex relationships.


The applicants, Jan Willem Akster from the Netherlands and Jana Gonani, faced criminal charges in magistrate courts for their alleged involvement in same-sex relationships. They brought their case to the Constitutional Court seeking an interpretation of the provisions in the Penal Code and urged the Court to declare these laws unconstitutional.


Akster was accused of allegedly engaging in non-consensual relationships, including with boys, while managing a foundation in Blantyre. Meanwhile, Gonani was accused of presenting as a woman in drinking establishments to engage in relationships with other men.

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